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Ritter Sport and his chocolate square table
The BGH’s recent decision of 18 October 2017, the German Federal Court of Justice, confirmed the protection of the well-known square tablet owned by Ritter Sport.
The Federal Court had previously ruled that the tablet for its particular form could not have a registered trademark value, arguing that its choice had been made for eminently practical needs and tied to the athletes who could put the tablet in the pocket without breaking it.
The Court's different interpretation of the case is based on the different interpretation of Art. 3 of the German Trade Marks Code.
